LAWS(SC)-2015-7-85

STATE OF GUJARAT Vs. CHITRABEN

Decided On July 01, 2015
STATE OF GUJARAT Appellant
V/S
Chitraben Respondents

JUDGEMENT

(1.) The Respondent's husband was engaged as a Peon with the Industrial Court, Apna Bazar, Ahmedabad. He died in harness on 13.06.2006. The Respondent, being a dependent of her husband, submitted an application for appointment on compassionate grounds on 17.07.2006. The claim of the Respondent was declined by an order dated 20.09.2007, on the ground that she did not fulfill the educational qualifications in terms of the notification dated 16.03.2005.

(2.) In the first instance, the Respondent assailed the order passed on 20.09.2007 by approaching High Court by filing Special Civil Application No. 30218 of 2007. The same was rejected by an order dated 18.12.2007. A series of litigation and administrative orders came to be passed thereafter, which eventually culminated in the passing of the impugned order on 05.05.2014. By the impugned order, the High Court while dismissing letters patent appeal No. 543 of 2014 reiterated the position expressed by the learned Single Judge, namely, that the Respondent deserves to be appointed on compassionate grounds.

(3.) The impugned order passed by the High Court on 5.5.2015 is subject matter of challenge through the instant special leave petition.